Just the Facts: When Mediation Doesn’t Work

Disclaimer: we are not tax professionals and do not provide tax advice. We encourage you to consult with a qualified CPA for tax assistance. The child tax credit is a federal benefit designed to reduce the tax burden for parents raising children. After a divorce, the question of who gets the child tax credit in a divorce becomes critical. A New York divorce lawyer can help you understand the process. more Key Child Tax Credit Facts in New York: The custodial parent (the parent with whom the child lives most of the year) typically claims the credit. Courts may allow alternating claims between parents each year. If one parent earns too little to benefit from the credit, the other may be granted exclusive claiming rights. The credit can be transferred using IRS Form 8332, which the custodial parent must sign. We do not prepare Form 8332, so please contact a tax professional if necessary. Why the Child Tax Credit Matters: The credit can be worth up to $2,000 per child depending on income. It may significantly impact annual refunds or liabilities. Proper allocation helps ensure both parents contribute fairly to child support and care. Why Choose The Law Offices of Joseph H. Nivin, P.C. for Child Tax Credit Guidance? At The Law Offices of Joseph H. Nivin, P.C., our legal team is deeply experienced in family law matters, including financial aspects of divorce such as divorce tax credits. Our Promise to New York Families Deep expertise in family and divorce law across New York. Personalized legal strategies based on your custody and financial situation. A proven track record helping clients maximize financial benefits post-divorce. From filing correct tax forms to negotiating credit-sharing agreements, we provide complete legal support to protect your financial interests. How the Child Tax Credit Process Works Step-by-Step Support: Review custody arrangements and determine primary custody. Evaluate income eligibility to determine who benefits more from the credit. Draft or review legal agreements to formalize tax credit sharing. Prepare IRS documentation (e.g., Form 8332) as needed. Negotiate with the other parent or court when disputes arise. We also provide ongoing legal support to help you adjust arrangements if your financial situation changes. Common Challenges Divorced Parents Face “Can I claim the child tax credit if I’m not the custodial parent?” Only with written permission from the custodial parent using IRS Form 8332. “What if the other parent refuses to share the credit?” We help clients petition the court for fair allocation or modify agreements to ensure equity. “Is the credit split automatically?” No, there is no automatic split. The courts may suggest an alternating year arrangement, but it must be formally outlined. FAQs: Child Tax Credit for Divorced Parents 1. Who gets the child tax credit in a divorce? Typically, the custodial parent receives it. However, a court order or IRS Form 8332 can transfer the right to the noncustodial parent. 2. Can parents alternate the child tax credit? Yes. Courts often order parents to alternate claims each tax year to ensure fairness. 3. What happens if both parents claim the credit? The IRS will audit both returns. Only one parent can legally claim the credit, and penalties may apply. 4. What’s the role of income in determining who gets the credit? If one parent’s income is too low to benefit from the credit, the court may allow the higher-earning parent to claim it annually. 5. Do I need a lawyer for this? A knowledgeable divorce attorney in Queens, NY, like those at The Law Offices of Joseph H. Nivin, P.C., can help ensure the credit is claimed lawfully and beneficially. Related Services Child Custody and Visitation – Forest Hills, NY Child Support – Queens, NY You can also explore helpful IRS guidelines on Who Qualifies for the Child Tax Credit from the IRS. Speak to One of Our Lawyers Today Whether you're negotiating custody, dealing with post-divorce finances, or simply unsure who can claim your child on taxes, The attorneys at the Law Offices of Joseph H. Nivin, P.C. are here to help. Our legal team specializes in divorce and family law across Queens and Brooklyn, NY, ensuring your rights—and your refund—are protected. Call us or contact us online today for a consultation and secure your financial future after divorce: Schedule your service now.

Not all divorces are fraught and full of conflict. Sometimes spouses are on good terms but realize that they would just be better off not married. If that's your case, you may be asking do you need a lawyer to get divorced? At the Law Offices of Joseph H. Nivin in Queens, NY, our divorce attorneys have worked for many clients to help make sure that their amicable divorce is as easy and stress-free as possible. What if It's Amicable? Do You Need a Lawyer To Get Divorced? Technically speaking, you don't need a lawyer to get divorced, but even the New York State Court System recommends that you speak with an attorney before initiating a divorce. Getting a divorce is not just about filing paperwork; even in an amicable divorce, there are conversations that need to happen about the division of marital property, spousal support, child custody, and child support. In New York, the divorce process is streamlined for uncontested cases, allowing couples to finalize their divorce more quickly and with less expense than a contested divorce. more How We Can Help in an Amicable Divorce Ensuring Fairness Even in amicable divorces, it's crucial to ensure that the agreement is fair and equitable. We can help review the terms to ensure that you're not unknowingly giving up important rights, particularly when it comes to the division of assets or spousal support. This is important because when the judge reviews your proposed divorce agreement they will rule on whether or not it is fair. Dividing Assets If you and your spouse have complex assets, such as retirement accounts, investments, or real estate, dividing them properly can be challenging. We can draw up a property settlement agreement that accurately reflects your intentions and adheres to New York law. Drawing Up Child Custody Agreements When you and your spouse have children together, child custody and support will be one of the most important aspects of your divorce agreement. Even if you and your spouse agree on the arrangements, we can help ensure that the agreement is in the best interests of the children and complies with New York's court expectations. Avoiding Future Disputes An amicable relationship today does not guarantee that issues won't arise in the future. A well-drafted divorce agreement, created with the assistance of a lawyer, can minimize the risk of future disputes by clearly outlining each party's rights and responsibilities. Ensuring Correct Procedure in Queens, NY Divorce involves significant paperwork and legal procedures that must be followed to the letter. If the documents submitted to the court contain errors, or there are errors in filing, your divorce can be denied on those grounds. We can help ensure that all documents are correctly filed and deadlines are met so that you don't have to stress. While you are not legally required to have a lawyer for an amicable divorce in New York, our legal assistance can ensure that your rights are protected and that the process goes smoothly. Get in touch with us at the Law Offices of Joseph H. Nivin in Queens, NY to get started on a successful and stress-free divorce.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Divorce is a challenging life event that can have significant financial implications. To safeguard your financial stability during this process, plan carefully and make prudent choices. 1. Assess your financial situation Start by thoroughly examining your financial circumstances. Compile a comprehensive list of your assets and debts to gain a clear understanding of your financial standing. Also factor in potential new debt and expenses. In 2023, 40% of survey respondents incurred between $5,000 and $10,000 in debt after their divorce 2. Create a budget Establishing a budget is a wise move. Determine your monthly expenses, including housing, utilities, groceries and other essentials. Knowing your spending habits will enable you to make informed decisions. 3. Gather financial documents Collect all relevant financial documents, such as bank statements, tax returns, and investment records. Having these in order will streamline the divorce process and ensure you receive your fair share. 4. Open individual accounts Consider opening individual bank and credit card accounts in your name only. This will help you establish financial independence and protect your credit score. 5. Adjust beneficiaries and wills Review and promptly update the beneficiaries listed on your insurance policies, retirement accounts and will to ensure that these documents accurately align with your current desires and preferences. 6. Consider tax implications Divorce can have tax consequences. Seek guidance on how the division of assets and spousal support may affect your tax liability. Being aware of potential tax implications will prevent surprises down the road. 7. Focus on future financial goals Begin to plan for your financial future. Set clear goals and develop a strategy for achieving them, whether it is saving for retirement, buying a home or financing your children’s education. By taking these proactive steps, you can ensure a smoother transition into your post-divorce financial life.